AT A GLANCE
Restaurant Lawsuit
Texas-based Twin Peaks restaurants is suing local restaurateur Kevin Laughlin and Northern Exposure over the following allegations:
Count One: Trademark Infringement
Northern Exposure’s slogan “Great Steaks, Cold Drinks & Free Scenic Views” is likely to cause confusion or false affiliation with Twin Peak’s slogan “Eats, Drinks, Scenic Views.”
Twin Peaks owns all rights, title, and interest to the pictorial of snow-capped mountains for use in restaurant and bar services. Northern Exposure is using two snow-capped mountains.
Count Two: Trade Dress Infringement
Northern Exposure’s visual appearance is “confusingly similar” to Twin Peaks and has not been authorized.
Count Three: Unfair Competition
Northern Exposure’s slogan is likely to cause confusion, or to cause mistake, or to deceive the public as the the source of origin. The use of the slogan is likely to “dilute the distinctive quality” of the Twins Peak trademark.
Source: Lawsuit Filed By Twin Restaurant IP, LLC In Federal Court In Dallas On Nov. 12
FAYETTEVILLE — A local restaurateur's imagery of twin-peaked mountains, a slogan touting “scenic views” and plans to use busty waitresses in an outdoors-themed restaurant has earned big attention in Texas.
That attention comes in the form of a lawsuit over trademark infringement.
Twin Peaks, a Texas-based restaurant chain that features scantilly clad busty women as servers, filed a federal lawsuit Friday against local businessman Kevin Laughlin.
Laughlin, who incorporated his company under the name Grand Tetons LLC in July 2009, plans to open a restaurant called Northern Exposure in December on Van Asche Drive in the former location of Smokey Bones.
The premise behind Twin Peaks, which opened first near Dallas in 2005, is well, think Hooters but in a mountain snow lodge. The restaurant’s target audience is male and it lures them in with 29-degree beers, bar food, and female servers wearing shorts and red-and-black plaid shirts tied at the bust.
The themes of both restaurants is filled with double entendres.
A temporary sign hanging outside of Northern Exposure depicts a 1950s vintage cartoon of a woman wearing a red-and-black buffalo plaid shirt holding a beer and plate of food. The sign also has two snow-capped mountains similar to the mountains found in Twin Peak’s logo.
Northern Exposure and Twin Peaks carry similar restaurant interior designs, but the most striking similarity are their slogans. Twin Peaks has “Eats, Drinks and Scenic Views.” Northern Exposure has “Great Steaks, Cold Drinks and Free Scenic Views.”
Staff at Northern Exposure said Laughlin was too busy to be interviewed.
Laughlin approached Twin Peaks in spring 2009 and spent time learning about the Texas-based company, including recruiting and marketing strategies, according to the lawsuit filed Friday in federal court in Dallas.
Megan O’Laughlin, an attorney for Twin Peaks, declined to answer questions about the lawsuit and referred questions to the lead attorney, John Hendricks. Hendricks did not return phone calls placed Wednesday.
Twin Peaks helped Laughlin purchase and decorate the Fayetteville location on Van Asche Drive, according to the lawsuit. Laughlin pulled out of his franchise negotiation after a few months and indicated he would pursue his own business model, according to the filing.
After Laughlin pulled out, Twin Peaks found a new franchisee to open up a Fayetteville restaurant.
Ann Ennis owns Seven Valleys Management, based in southwest Missouri. Ennis, who also owns a construction and concrete company with her husband in Cassville, Mo., plans to open five Twin Peaks — one in Fayetteville, one in Oklahoma City and three in Kansas City.
“I ain’t too worried,” Ennis said about the competition among similarly themed eateries some have coined as “breastaurants.”
Ennis’ son, who lives in Dallas, introduced the Twin Peaks chain to his parents after frequent visits as a customer in Dallas, she said. Ennis’ first Twin Peaks will open in Oklahoma City in January and she hopes to find a Twin Peaks location in Fayetteville in the next three to four months, she said.
Twin Peaks identified the Fayetteville area as a strong possibility to expand because of the University of Arkansas and proximity to Tyson Foods and Walmart, according to the filing.
The University of Arkansas potentially provides a big supply of potential employees. The university has 10,397 females registered as students. Undoubtedly, the school also offers a ready supply of male customers.